How long do I have to file a workers’ comp claim?
Understanding the timelines and procedures for filing a workers’ compensation claim is crucial for anyone who sustains a workplace injury. In Southern California, the process ensures that injured workers receive the benefits they are entitled to in a timely manner.
When to report the injury
Notify your employer of your injury within 30 days of the incident. Failing to do so could jeopardize your ability to receive benefits. Give this notification to a supervisor, manager, or someone in a similar position of authority.
Filing the claim form
Once you report your injury, your employer must provide you with a workers’ compensation claim form, known as DWC-1. Complete and return this form as soon as possible. Although the law does not specify a strict deadline for returning the form, quickly doing so will help avoid delays in receiving benefits.
Statute of limitations
California law sets a statute of limitations for filing a workers’ compensation claim. You generally have one year from the date of your injury to file the claim with your employer or with the California Division of Workers’ Compensation (DWC). Some exceptions to this rule include:
- If your injury develops gradually over time (cumulative trauma), you have one year from the date you realized your injury was work-related.
- If your employer fails to provide the required claim form, the statute of limitations may be extended.
Medical treatment and documentation
Seek medical treatment immediately after your injury not only for your health but also for documenting the incident. Ensure that you thoroughly document all medical visits, treatments, and recommendations. These records will be crucial in supporting your claim.
Consequences of missing deadlines
Missing the deadlines for reporting your injury or filing your claim can have significant consequences. You might face denial of your claim, leaving you responsible for medical bills and lost wages. However, you might still file a claim under certain circumstances, such as if your employer was aware of the injury or if you could not file due to the nature of your injury.
Timely action ensures benefits
Navigating the workers’ compensation process in Southern California requires prompt action and attention to detail. Meticulously documenting your injury and medical treatment will support your claim and help avoid potential complications.